Commonwealth Numbered Acts

Defence Acts Amendment Act 1981 No. 178 of 1981 - SECT 9

9. Before Part X of the Principal Act the following Part is inserted:

                  ''PART  IXB-PUBLIC  AREAS  OF  DEFENCE  LAND
Interpretation

''116P. (1) In this Part, unless the contrary intention appears-

'by-laws' means by-laws under this Part;

'public area' means a public area declared under section 116Q;

'ranger' means-

   (a)  a person appointed under section 116S; and

   (b)  a person referred to in section 116T.

''(2) A reference in this Part to a member of the Australian Federal Police or
to a member of a police force includes a reference to a special member of the
Australian Federal Police. Public areas of defence land

''116Q. (1) The Minister may, by notice published in the Gazette, declare an
area specified in the notice to be a public area and assign a name to that
area.

''(2) In sub-section (1), 'area' means an area of land that is owned or held
under lease by the Commonwealth and used, or intended for use, for the
purposes of defence. Delegation

''116R. (1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate to an officer of
the Defence Force or an officer of the Department of Defence all or any of his
powers under this Part or the by-laws, other than this power of delegation or
his powers under section 116ZD to make by-laws.

''(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act or the by-laws, be deemed to have been exercised by the
Minister.

''(3) A delegation under this section does not prevent the exercise of a power
by the Minister. Appointment of rangers

''116S. The Minister may, by instrument in writing, appoint a person as a
ranger. Rangers ex officio

''116T. By force of this section, any member of the Australian Federal Police
or member of the police force of a Territory is a ranger. Identity cards

''116U. (1) The Minister may cause to be issued to a ranger, other than a
member of a police force, an identity card in a form approved by the Minister.

''(2) A person who ceases to be a ranger shall forthwith return his identity
card to the Minister.

''(3) A person who contravenes sub-section (2) is guilty of an offence
punishable on conviction by a fine not exceeding $100. Powers of arrest

''116V. (1) A ranger may, without warrant, arrest any person, if the ranger
believes on reasonable grounds-

   (a)  that the person is committing or has committed an offence against this
        Part or the by-laws; and

   (b)  that proceedings against the person by summons would not be effective.

''(2) Where a ranger (other than a member of a police force who is in uniform)
arrests a person under sub-section (1), he shall-

   (a)  in the case of a member of a police force-produce, for inspection by
        that person, written evidence of the fact that he is a member of a
        police force; or

   (b)  in any other case-produce his identity card for inspection by that
        person.

''(3) Where a person is arrested under sub-section (1), a ranger shall
forthwith bring the person, or cause him to be brought, before a Justice of
the Peace or other proper authority to be dealt with in accordance with law.

''(4) Nothing in this section prevents the arrest of a person in accordance
with any other law. General powers of rangers

''116W. (1) A ranger may search any vehicle, aircraft or vessel if he believes
on reasonable grounds that there is in or on that vehicle, aircraft or vessel
anything that will afford evidence as to the commission of an offence against
this Part or the by-laws, and for that purpose stop or detain that vehicle,
aircraft or vessel.

''(2) A ranger may-

   (a)  require any person whom he finds committing or whom he suspects on
        reasonable grounds of having committed an offence against this Part or
        the by-laws to state his full name and usual place of residence; and

   (b)  require any person in a public area whom he finds committing, or whom
        he suspects on reasonable grounds of having committed, an offence
        against this Part or the by-laws to leave the public area.

''(3) Where a ranger (other than a member of a police force who is in uniform)
stops, or proposes to search or detain, a vehicle, aircraft or vessel, he
shall-

   (a)  in the case of a member of a police force-produce, for inspection by
        the person in charge of that vehicle, aircraft or vessel, written
        evidence of the fact that he is a member of a police force; or

   (b)  in any other case-produce his identity card for inspection by that
        person, and, if he fails to do so, he is not authorized to search or
        detain that aircraft, vehicle or vessel.

''(4) Where a ranger (other than a member of a police force who is in uniform)
makes a requirement of a person under this section, he shall-

   (a)  in the case of a member of a police force-produce, for inspection by
        that person, written evidence of the fact that he is a member of a
        police force; or

   (b)  in any other case-produce his identity card for inspection by that
        person, and, if he fails to do so, that person is not obliged to
        comply with the requirement.

''(5) A person who, without reasonable excuse, fails to comply with a
requirement made of him by a ranger under this section is guilty of an offence
punishable on conviction by a fine not exceeding $1,000. Seizure and
forfeiture

''116X. (1) Where a court convicts a person of an offence against this Part or
the by-laws, the court may order the forfeiture to the Commonwealth of any
vehicle, aircraft, vessel or article used or otherwise involved in the
commission of the offence.

''(2) A ranger may seize any vehicle, aircraft, vessel or article that he
believes on reasonable grounds to have been used or otherwise involved in the
commission of an offence against this Part or the by-laws and may retain it
until the expiration of a period of 60 days after the seizure, or, if
proceedings for an offence against this Part or the by-laws in the commission
of which it may have been used or otherwise involved are instituted within
that period, until the proceedings are terminated.

''(3) The Minister may authorize a vehicle, aircraft, vessel or article seized
under sub-section (2) or anything on, in or attached to such a vehicle,
aircraft or vessel to be released to its owner, or to the person from whose
possession it was seized, either unconditionally or on such conditions as he
thinks fit, including conditions as to the giving of security for payment of
its value if it is forfeited.

''(4) A vehicle, aircraft, vessel or article forfeited under this section may
be sold or otherwise disposed of as the Minister thinks fit. Assaulting, &c.,
rangers

''116Y. A person who assaults or threatens a ranger in the performance of his
duties under this Part or the by-laws is guilty of an indictable offence
punishable on conviction by a fine not exceeding $5,000 or imprisonment for a
period not exceeding 2 years, or both. Personation of rangers

''116Z. A person who, by words or conduct, falsely represents that he is a
ranger is guilty of an indictable offence punishable on conviction by a fine
not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or
both. Officers and employees of governments and authorities

''116ZA. The Governor-General may make arrangements with the Governor of a
State or the Administrator of a Territory for the performance of functions and
the exercise of powers under this Part or the by-laws by officers or employees
of that State or Territory or of an authority of that State or Territory, as
the case may be. Prosecution of offences

''116ZB. (1) Notwithstanding that an offence against this Part is expressed to
be an indictable offence, a court of summary jurisdiction may hear and
determine proceedings in respect of such an offence if the court is satisfied
that it is proper to do so and the defendant and the prosecutor consent.

''(2) Where, in accordance with sub-section (1), a court of summary
jurisdiction convicts a person of an offence, the penalty that the court may
impose is a fine not exceeding $1,000 or imprisonment for a period not
exceeding 6 months, or both. Concurrent operation of State and Territory laws

''116ZC. (1) This Part and the by-laws, in so far as they apply in relation to
public areas, are not intended to exclude or limit the concurrent operation of
a law of a State or Territory.

''(2) In interpreting whether, in relation to land owned or held under lease
by the Commonwealth, any provision of this Act (other than this Part) is
intended to exclude or limit the concurrent operation of a law of a State or
Territory, sub-section (1) shall be disregarded. By-laws

''116ZD. (1) The Minister may make by-laws, not inconsistent with this Act,
for and in relation to the control and management of public areas.

''(2) Without limiting the generality of sub-section (1), by-laws may be made-

   (a)  providing for functions and powers to be conferred, and duties to be
        imposed, upon rangers;

   (b)  regulating or prohibiting the pollution of soil, air or water in a
        manner that is, or is likely to be, harmful to people or wildlife in,
        or to the natural features of, public areas;

   (c)  regulating or prohibiting tourism in public areas;

   (d)  providing for the protection and preservation of public areas and
        property and things in public areas;

   (e)  regulating or prohibiting access to public areas by persons or classes
        of persons;

   (f)  providing for the removal of trespassers from public areas;

   (g)  regulating or prohibiting camping in public areas;

   (h)  providing for the safety of persons in public areas;

   (j)  regulating or prohibiting the use of fire in public areas;

   (k)  regulating the conduct of persons in public areas;

   (m)  regulating or prohibiting the carrying on of any trade or commerce in
        a public area;

   (n)  regulating or prohibiting the use of vehicles in public areas and
        providing for signs and road markings for those purposes;

   (p)  providing for the removal of vehicles, aircraft or vessels from places
        in public areas where they have been left in contravention of the
        by-laws or have been abandoned and for the impounding of such
        vehicles, aircraft or vessels;

   (q)  making provision to the effect that, where a contravention of a
        provision of the by-laws relating to the parking or stopping of
        vehicles in a public area occurs in respect of a motor vehicle, the
        person who is to be regarded as the owner of the motor vehicle for the
        purposes of the by-laws (who may, in accordance with the by-laws, be
        or include a person in whose name the motor vehicle is registered
        under the law of a State or Territory) is to be, except as provided
        otherwise, deemed to have committed an offence against the provision
        so contravened, whether or not he in fact contravened that provision;

   (r)  enabling a person who is alleged to have contravened a provision of
        the by-laws relating to-

        (i)    littering;

        (ii)   the use of vehicles or vessels;

        (iii)  the parking or stopping of vehicles;

        (iv)   the mooring or landing of vessels; or

        (v)    the landing and use of aircraft,

to pay to the Commonwealth, as an alternative to prosecution, a specified
penalty, not exceeding the maximum penalty by which a contravention of that
provision is otherwise punishable;

   (s)  regulating or prohibiting the use of vessels, and the landing and use
        of aircraft, in public areas;

   (t)  regulating or prohibiting the taking of animals or plants into, or out
        of, public areas;

   (u)  providing for the impounding, removal, destruction or disposal of
        animals found straying in public areas;

   (v)  regulating or prohibiting the taking into public areas, and the use in
        public areas, of weapons, traps, nets, snares, fishing apparatus and
        other devices;

   (w)  regulating or prohibiting the laying of baits and the use of
        explosives and poisons in public areas;

   (x)  providing for the collection of specimens and the pursuit of research
        in public areas for scientific purposes;

   (y)  providing for the issue of licences, permits and authorities, the
        conditions subject to which they are issued and the charging of fees
        by the Minister in respect of such licences, permits and authorities;

   (z)  the imposition of charges for-

        (i)    the parking or stopping of vehicles;

        (ii)   the landing of aircraft; and

        (iii)  the use of vehicles and vessels,

in public areas;

   (za) providing for penalties, not exceeding a fine of $500, for offences
        against the by-laws; and

   (zb) providing for any matter incidental to or connected with any of the
        foregoing.

''(3) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in
relation to by-laws as if, in those sections, references to regulations were
references to by-laws.''.